Private nuisance Flashcards
What is meant by private nuisance
An unlawful interference for a substantial length of time with a person’s right to enjoy or use his land
in a reasonable way
What is the 4 part test for private nuisance
Right to claim, who is the defendant, interference and unlawfulness
Who has a right to claim in private nuisance
Someone with a legal interest in the effected land, such as an owner or tenant
What is the case for who can claim in private nuisance
Hunter v Canary wharf
Who can be claimed against (the defendant) in private nuisance
The creator of the nuisance or if the land owner of the land is a different person they can also be the defendant if they adopt or continue the activities of the creator
What case would you use for the creator of the nuisance being the defendant in private nuisance
Tetley v ChittyWhat
What case would you use for the occupier being the defendant even if they didn’t create the nuisance but adopted or continued the creators acts in private nuisance
Sedleigh Denfield v O’VCallaghan
What are the 2 things that an interference must form
Physical damage or loss of amenity
What is meant by physical damage under interference in private nuisance
Things such as gases, oils, drains and vibrations causing damage to Cs property, not personal injury
What is meant by loss of amenity under interference in private nuisance
Cs ability to use or enjoy their land is restricted by the activities of the defendant
What is meant by unlawfulness in private nuisance
Whether the nuisance interferes with ordinary existence so whether the impact on the claimant is so unreasonable that they should not have to put up with it
Why is nuisance a variable standard
As it depends what activities are occurring and where to decide whether or not they are unlawful
What are the 5 factors that the court will consider under unlawfulness
Locality, duration, sensitivity, social utility and malic
What is meant by locality as a factor of unlawfulness of private nuisance
Whether or not the activity is suitable for the area, more industrial zones are better suited for some activities then residential areas
When is locality irrelevant in private nuisance
When there has been physical damage
What case would you use for locality as a factor of unlawfulness in private nuisance
Halsey v Esso
What is meant by duration as a factor of unlawfulness of private nuisance
The more often something happens, the more likely it is to become nuisance, however in the right circumstances a one off is enough
What case would you use for duration as a factor of unlawfulness in private nuisance
Spicer v Smee
What is meant by sensitivity as a factor of unlawfulness of private nuisance
If the claimant is using his property for an extra sensitive use they are not entitled to sue in circumstance where a reasonable use would not need protection
What case would you use for sensitivity as a factor of unlawfulness in private nuisance
Robinson v Kilvert
What is meant by social utility as a factor of unlawfulness of private nuisance
The usefulness to society of Ds conduct has a bearing on whether it is reasonable for the claimant to have to put up with it, if it is considered he is providing a benefit to the community then the court may consider the actions reasonable
What case would you use for social utility as a factor of unlawfulness in private nuisance
Miller v Jackson
What is meant by malice as a factor of unlawfulness of private nuisance
If D deliberately does something purely to annoy the C, the Ds malice can make something unlawful which may not have otherwise been a nuisance
What case would you use for malice as a factor of unlawfulness in private nuisance
Christie v Davey
What are the 2 defences that can be used in private nuisance
Statutory authority and prescription
What is meant by statutory authority as a defence under private nuisance
Nuisance is created by a public body acting under a legislative duty or power as long as it is not being carried out negligently
What is a case that would be used for statutory authority as a defence in private nuisance
Allen v Gulf oil
What is meant by prescription as a defence under private nuisance
If the action has been carried out for at least 20 years, and there has been no complaint between the parties at that time then the D has a prescriptive right to continue
What case would you use for prescription as a defence under private nuisance
Struges v Bridgeman
What are non defences in private nuisance
Defences that cannot be used in order to support the defendants case
What is an example of a non defence in private nuisance
The defendant cannot state that the claimant new about the nuisance and moved anyway
What case would you use for non defences in private nuisance
Struges v Bridgeman
What are the 3 remedies that can be given out for private nuisance
Injunctions, damages or abatement
What are injections under private nuisance as a remedy
Prohibits or controls an activity, an injunction will not be granted for trivial matters or where it is public interest not to do so
What is a case that we would use for an injunction as a remedy in private nuisance
Miller v Jackson
What are damages as a remedy in private nuisance
Payment made for any damage caused
What are the 2 types of damages that can be given in private nuisance
Loss of use and physical damage
What is loss of use under damages in remedies for private nuisance
Damages are equal to the loss in value to the land
What case would you use for loss of use under damages in remedies for private nuisance
Hunter v Canary wharf
What are physical damages under damages in remedies for private nuisance
Damages awarded for consequential damage such as land, plants, buildings and goods
What must the damage be in order to claim damages as a remedy in private nuisance
Reasonably foreseeable
What case states damage must be reasonably foreseeable in order to gain damages under private nuisance
Wagon mound no.2
What is abatement as a remedy under private nuisance
Self help remedy and it means the C has the right to take reasonable steps to deal with the nuisance themselves
What case would you use for abatement as a remedy for private nuisance
Lemmon v Webb
